MEMORANDUM-DECISION AND ORDER
MORDUE, District Judge.
In this action under the Supremacy Clause, U.S. CONST., Art. VI, cl. 2, the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq., and the Civil Rights Act, 42 U.S.C. § 1983, plaintiff moves for certification to the Second Circuit to permit immediate appeal of an issue in the Court's Memorandum-Decision and Order dated May 18, 2001, see Oxygenated Fuels Ass'n, Inc. v. Pataki,
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